The Charlotte Democrat., 1887-12-23
Charlotte Democrat.
CHARLOTTE. N. q.
COMMUNICATED TO THE CHARLOTTE DEMocRAT

,,o,,,,,,v,c.rrn To THE CHARLOTTE DEMOCRAT.
The Duello in North Carolina and among
North Carolinians.
A poper read before the N. c. Historical
Societv of the University of North Car
oliaa, Dec 1st, 1887, bv STEPHEN b.
Weeks.
The duello is a remnant of the trial by
ordeal OF the middle ages. 1t was con-
sidered direct appeal to the judgment
of God, and, as such practically ceased
after 1886. 1t long continued means OF
gratifying private malice. Until the civil
war. In the Southern States, gentle
man who refused to fight was branded a
coward. Now the world thinks him a
coward who fights. The laws of North
Carolina have always been very severe
on this subject. By the Code of 1887,
when one party was slain the survivor
on conviction thereof was to suffer death
without benefit of clergy. This had been
in effect since 1902. Under the Code Of
1855, the survivor was to suffer DEATH
The present Code is as follows:
"If any person fights duel, in consequence of
a challenge sent or received, and either of the
parties shall be killed, then the survivor, con-
viction thereof, shall suffer death and all their
aiders abettors shall be considered accessories
before the fact"
This penalty has never been inflicted in
the State. So far as | know there has
been but one execution in the United
States for duelliDg, that of Bennett in
Illinois in 1920, aud that State has never
had a second duel. Had the same policy
been pursued here, several useful lives
had been saved to the commonwealth.
But public sentiment has cried out at last
against its sin and folly in laundering
tones.
B0rter r-ErDin.--About 1850, Hon.
John Baxter met Col. Marcus Erwin aud
exchanged shots; cause, political; Baxter
slightly wounded. Baxter was born
March 3, 1919; represented Rutherford
county in the House of Commons ir 1912,
Henderson county 1926; Speaker 1852.
He was appointed U. S. District Judge in
Tennessee and died in Office March, 1886
His brother, Elisha, was at one time the
Republican Governor of Arkansas.
Brodley-Saoonn-J IL, 1887, in
the rear of the Episcopal Church in Will
mington. Samuel Swami was a man Of
wealth and was descended from that
Samuel Swami who in 1928 along with
Col. VIM. Byrd aud others surveyed the
boundary line between North Carolina
and Virginia. Amiability and a high
sense of honor were his marked charac-
teristics. About this time British officer
who had suffered shipwreck was brought
into the port of Wilmington in state of
destitution. Swami, moved by pity and
attracted by his intelligence, took him
into his own house. The officer was one
day in the store of John Bradley aud
while there some rings disappeared from
the counter. Popular hatred and sus-
picion of Englishmen was still rife. The
shoDkeeper charged the soldier with the
theft. Swami became indignant and chal-
lenged. He was the best shot in the dis
triot and went to the field intending to in-
fict a flesh wound only. At the word be
lodged his ball in the side of his opponent.
Bradley fred in the act of falling. His
ball penetrated the brain of Swami, who
fell dead on the Geld. The survivor was
afterwards pardoned by the General As
sembly.
Bynum-Jenifer.-About 1910; cause,
politics; neither hurt. Jesse Bynum rep
resented North Carolina in Congress
1884. Daniel Jenifer was a member
of Congress from Maryland 1e39-4l.
Carson Vance-At Saluda Gap on
the S. @. Line in 1897; weapons, pistols
Vance was wounded at the first fire and
died in few hours. Samuel Price Car
son was born Jan. %, 1898; member of
Congress 1858. 1t was in the cam
paign of 1927 when the two were political
rivals that the morbid tendency OF Vance
caused him to provoke a challenge. Car
son, who was an excellent shot, did not
intend to slay his opponent but was COM
PEELED to do so by his second, Hon. War
rem r. Davis of S q. He was member
of the State Convention of 1885; removed
to Texas in 1886 and was elected men,
ber of the Convention which created the
Republic of Texas; was afterwards made
its Secretary of State. He was sent to
Washington as a commissioner to secure
the recognition of the new Republic, and
HE efforts hastened that event. He died
in Little Rock, Ark, in Nov. ls40. DIR.
Robert Brank Vance was an uncle of
Senator z. B. Vance; M. Q. 1s23-25.
While preparations were being made on
the field he handed his watch to his Sec
ond with the request that it be given to
Hon. David l.. Swain in case of his DEATH
This bequest was recognized by the law
aud was allowed to stand, the case being
a dondtio cdusd naortiS.
Campbell, John K--This man was
killed in a duel in Florida in 1885, He
was native of s. c., was of much promise
and graduated at Columbia College, S. g.
At the time OF his death was U. S. At
torney for Florida. His fate excited much
sympathy 10 Charleston, where he was
we'll known. In 1925 he was resident
of Raleigh, N. G.
Cameron-Dufy.-In Virginia, about
1904; Cameron wounded. Duncan Cam
eron, born l777, was a fnaucier and
planter by profession; represented Orange
county in the House of Commons in 1902
O6-07-l2-l3, and in the Senate in 1919,
1929; Judge of Superior Court and
Court of Conference, Feb, lsl4-Nov.,
1916; President of the Bank of the State;
Trustee and member of the Elk. Com. oil
University of N. c.; died 1853 Wm.
Duffy represented Fayetteville in the
Legislature of 1906. He is said to have
had the best literary style of any man in
the State.